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EPA Publishes Advance Notice of Proposed Rulemaking For Chemical Industry

EPA has published an Advance Notice of Proposed Rulemaking (ANPRM) targeting the chemical manufacturing industry, for future regulation related to financial responsibility requirements under CERCLA 108(b).

SOCMA has reported that, in the notice, EPA identified classes of facilities within the industry ‘for which the agency plans to develop, as necessary, a proposed regulation identifying appropriate financial responsibility requirements.’

EPA has also added that it ‘will carefully examine specific activities, practices, and processes involving hazardous substances at these facilities, as well as Federal and State authorities, policies, and practices, to determine the risks posed by these classes of facilities and whether requirements under CERCLA Section 108(b) will effectively reduce these risks.’

Reportedly, comments on the rule are due February 5, 2010, although SOCMA is filing a request for an extension and has learned that it will be granted.

The rule is said to significantly affect SOCMA members, although its an Advance Notice, wherein the actual proposed rule is yet to come.